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DPP v Adams [2022] VCC 1671

The offender was sentenced following pleas of guilty to 1 count of using a carriage service to access child abuse material. Offender sentenced to an additional state offence.

Delay: There has been considerable delay, some 10 months, between the offender’s arrest and delay in charges. There had been a further delay of some 12 months while this case has proceeded through the courts. Right from the beginning offender admitted their criminality and proceeded to engage in treatment for their diagnosed condition which was the basis of their offending. Offender has had the outcome of this prosecution hanging over their head for nearly two years. Upon detection by police offender immediately embarked upon a course of rehabilitation and has continued with counselling up until the date of their plea. A term of imprisonment would interrupt and potentially undue the progress on rehabilitation offender has made to date.

Rehabilitation: Offender’s prospects are good based on their self-driven approach to psychological treatment within days of arrest, strong family support, employment and lack of other criminal convictions. Offender’s expressions of self-disgust are genuine.

Nature and Circumstances: Access to child abuse material occurred on a single date. Overall offending is at the lower end of offending for these types of offences. There are exceptional circumstances which allow for a term of imprisonment to be wholly suspended for the term of the recognizance order. Offending occurred on a single day, offender is 41 years of age with no prior convictions, offender ceased offending prior to police involvement and engaged in positive steps of rehabilitation, offender is employed and has strong family support, and there was a delay in proceedings.

Offender sentenced to 6 months imprisonment, to be released immediately upon entering a recognizance release order in the sum of $5,000 for two years, for Commonwealth offence.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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